Accordingly, the Court will analyze the right of the Kaliña and Lokono peoples to request the restitution of their traditional territories. 151. To determine the existence of the relationship of the indigenous peoples with their traditional land, the Court has established that: (i) this may be expressed in different ways, according to the indigenous people in question and their specific circumstances, and (ii) the relationship with the land must be possible. The ways in which this relationship is expressed could include traditional use or presence by spiritual or ceremonial ties; sporadic settlements or crops; seasonal or nomadic hunting, fishing or gathering; use of natural resources connected to their customs, and any other element characteristic of their culture.189 The second element means that the members of the indigenous peoples are not prevented, for reasons beyond their control, from carrying out those activities that reveal the persistence of the relationship with their traditional territories.190 152. In this case, the Court observes that the relationship of the members of the Kaliña and Lokono peoples with their traditional territory is revealed, inter alia, by the fact that they conduct their traditional activities within the lands claimed (supra paras. 33 and 34), as well as by their intrinsic and physical relationship with the Marowijne River, which is an essential element of their cultural and traditional identity and a source of their survival (supra para. 35). Indeed, the river is used by the members of these peoples to moor their boats, to fish, to bathe, and to wash their clothes (supra para. 98). In addition, Captain Grace Watamaleo stated that they “have a strong spiritual connection to the Marowijne River, which has a central place in [their] cultural identity and traditions, and through which [they] understand that [they] belong to [that] place as much as [they] believe that it belongs to [them].”191 However, the testimony of several members of the Kaliña and Lokono peoples (supra para. 98) was consistent in indicating that the owners of the buildings have restricted direct access to the Marowijne River, and this was corroborated during the on-site procedure. 153. In addition, the Court has already established that Suriname does not recognize the right to collective property; hence, the Kaliña and Lokono peoples have not been able to obtain the delimitation, demarcation and titling of the territories they claim, even though the State undertook to ensure this right and to demarcate the indigenous residential lands in the 1992 Lelydorp Peace Accord (supra para. 51). To the contrary, Suriname has issued individual land titles to non-indigenous persons in the territories claimed. In view of this situation, and owing to the absence of a remedy to obtain the protection of their rights (infra paras. 249 and 258), the Kaliña and Lokono peoples have filed several actions to achieve the recognition of their right to collective property and a halt to the granting of land titles. In this regard, the Court has verified several claims filed between 1972 and at least 2013, in relation to the presence of third parties in their territories192 (supra paras. 59 to 69). Consequently, the Court finds that the State was 189 Cf. Case of the Yakye Axa Indigenous Community, supra, para. 154, and Case of the Sarayaku Indigenous People, supra, para. 148. 190 Cf. Case of the Sawhoyamaxa Indigenous Community, supra, para. 132, and Case of the Sarayaku Indigenous People, supra, para. 148. 191 Cf. Affidavit made by Captain Grace Watamaleo on January 27, 2015 (merits file, folio 444). 192 These include: (a) petitions to the Independence Commission in 1972; (b) the filing of three claims before domestic courts in 1975 and 1976; (c) the 142-kilometer march to Paramaribo to protest against the subdivision project; (d) claims owing to the existence of private properties and concessions in cases such as Tjang A Sjin v. Zaalman and Others and Celientje Martina Joeroeja-Koewie and Others v. Suriname & Suriname Stone & Industries N.V.; (e) formal petitions submitted to the President of Suriname on three occasions (2003, 2004 and 2005) based on article 22 of the Constitution (right of petition) to obtain recognition of their territory; (f) meetings with senior authorities in 2003, and (g) petitions filed by CLIM on behalf of the peoples, and by the captains of the eight peoples of the Lower Marowijne on four occasions (2004, 2006, 2007, 2013) requesting the suspension of the issue of titles in the area of Tuinstad Albina or any 41

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